Family law statutes in all states provide for some sort of simplified marriage dissolution procedure, according to "The Complete Divorce Handbook: A Practical Guide" by Brette McWhorter Sember. These laws set forth the requirements to obtain a simplified divorce. For example, some states permit simplified divorces only when marital assets are valued under a certain dollar amount and no children are involved. If a simplified dissolution of marriage procedure was approved for your case by the judge, you may desire to challenge the determination. A process is in place in all jurisdictions to appeal a decision to allow a simplified divorce process in your case.
Step 1
Request a motion to reconsider form from the court clerk. Court clerks usually provide a selection of forms for use by people without lawyers.
Step 2
Complete the motion to reconsider using the instructions provided by the clerk. If you prepare this motion yourself, understand that you are held to essentially the same standard as a lawyer.
Step 3
Set forth your specific points as to why a simplified proceeding is not appropriate in your case. For example, if a significant dispute exists regarding marital debts, contend that more court action is required than what is available through the simplified marriage dissolution process.
Step 4
Sign the motion and make at least two copies. Keep one copy for your records and send the other to your spouse.
Step 5
Submit the original motion form to the clerk for filing.
Step 6
Schedule a hearing on your motion through either the administrative assistant to the judge assigned your case or the court clerk.
Step 7
Attend the hearing and present your position regarding appealing the ruling on the simplified dissolution of marriage. Anticipate arguments from your spouse and questions from the judge.
Tips and Warnings
- Due to the complexities of divorce law generally, and the challenges of appealing the ruling of a judge, consider retaining an attorney. The American Bar Association maintains resources to assist you in finding a lawyer.
References
- "The Complete Divorce Handbook: A Practical Guide"; Brette McWhorter Sember; 2009
- American Bar Association: Section of Family Law
- HG.org: Guide to Family Law
